Contractual rights of disclosed principals (Filatona Trading Ltd v Navigator Equities Ltd)

Dispute Resolution analysis written by Adam Heppinstall

The Court of Appeal addressed in this case the interesting question of when it might be possible to exclude the right of a disclosed principal from enforcing and/or relying on the terms of a contract which does not expressly exclude such a principal from its remedies. The court considered the rare circumstances in which that might be a possibility, noting that they are rare indeed, as there is a strong presumption against finding that a disclosed but unnamed principal has given up their contractual remedies.

This article was first published by Lexis®PSL on 11 February 2020, and is reproduced by kind permission of Lexis Nexis.  For more articles like this, please see here